"The assumption that respect for the judiciary can be won by shielding judges from published criticism wrongly appraises the character of American public opinion....[A]n enforced silence, however limited, solely in the name of preserving the dignity of the bench, would probably engender resentment, suspicion, and contempt much more than it would enhance respect." Justice Hugo Black, Bridges v. California (1951)

Thursday, February 13, 2014

Muncie City Judge Has Man Jailed for Passing Out Letter Criticizing Her

It is a story that might get national attention as an example of an abuse of judicial authority. The Muncie Star-Press reports:

A
critic of Muncie City Court Judge Dianna Bennington is in the Delaware
County jail after being found guilty of contempt of court.

Curtis L. Westbrook, 55, was arrested Tuesday, a day after the contempt finding.

Curtis Westbrook

According to a document provided to The Star Press by
a court employee, Westbrook was sentenced to 10 days in jail Monday
after the judge ruled he was "creating confusion that disturbed the
business and proceedings of the court by distributing a letter to
undermine the authority of the court and to provide legal advice to
defendants in the courtroom."

...

Westbrook
in recent weeks has distributed a letter calling the judge -- who was
elected to the bench in 2011 -- "One-Term Bennington" and referring to
her "fiasco judgeship."

A member of Westbrook's family was charged in Muncie City Court with domestic battery in January 2013.

Curtis
Westbrook has maintained his family member, and others, have not been
informed in advance that City Court trials are bench trials, with Judge
Bennington, rather than a jury, deciding a defendant's guilt or
innocence. Cases of City Court defendants seeking jury trials are
transferred into the Delaware Circuit Court system.

...

The
letter distributed by Curtis Westbrook -- and dropped off recently at
The Star Press -- calls the process by which City Court cases are
transferred a "well-kept secret." He also maintains Bennington and
others have a financial motivation to "keep the City Court litigants in
the dark concerning their right to a jury trial," and suggests
defendants could file misconduct complaints against the judge and
attorneys involved in their prosecution.

A
civil contempt s a violation of a court order resulting in a proceeding
for the benefit of the aggrieved party. As such, any type of penalty in
a civil contempt proceeding must be coercive or remedial in nature. In
contrast, a criminal contempt is an act directed against the authority
of the court which obstructs the administration of justice and which
tends to bring the court into disrepute. Thus, any type of penalty is
punitive in nature because its purpose is to vindicate the authority of
the court and it benefits the State rather than the aggrieved party.

Certainly Judge Bennington has the right to, if necessary, take
Westbrook into custody to protect her courtroom from being disrupted.
That is a remedial measure for civil contempt. But the fact is
Westbrook had already left the courtroom. He was taken into custody when
he came back. Judge Bennington wanted Westbrook punished for his previous
conduct in interfering with her courtroom. That is clearly criminal, not civil, contempt.

Because
the allegation constituted criminal contempt, such charges must be brought
in the name of the State of Indiana by the prosecutor. In that proceeding, Westbrook
should have been afforded all the protections that go to criminal
defendants, including the right to a
public defender if Westbrook could not afford an attorney. Further, the
impropriety of Judge Bennington sitting in judgment of a harsh critic of
hers is frankly off the charts.

The
bottom line is that Judge Bennington appeared to very offended by
Westbrook's public criticism and exercised extremely poor judgment in
trying to silence her critic. The irony is that while Mr. Westbrook's
letter criticizing Judge Bennington would have had little effect on her
political prospects for re-election, the judge's abuse of her
authority has created a much bigger issue that is more likely
to cause her to lose re-election.

Judge Bennington
would be well advised to seek legal counsel who I am sure will advise
her: 1) to admit she made a mistake; and 2) to release Mr. Westbrook
from jail...immediately. An apology to Mr. Westbrook would also be in
order but I won't get my hopes up.

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About Me

I have been an attorney since the Fall of 1987. I have worked in every branch of government, including a stint as a Deputy Attorney General, a clerk for a judge on the Indiana Court of Appeals, and I have worked three sessions at the Indiana State Senate.
During my time as a lawyer, I have worked not only in various government positions, but also in private practice as a trial attorney handing an assortment of mostly civil cases.
I have also been politically active and run this blog in an effort to add my voice to those calling for reform.